Personal Law

Mulberry wins confidentiality agreement dispute with employee

December 2nd 2019
 

 The fashion house Mulberry has successfully defended a discrimination claim from a former employee who was dismissed after refusing to sign a confidentiality agreement. The case involved designer Anna Gray, who had access to some of Mulberry’s designs ahead of their launch to market. She was dismissed after she refused to sign a confidentiality agreement. Mulberry believed that by refusing to sign, she intended to copy some of its products.…

Claire Davies

Employers wrong to dismiss worker who could not take on a full-time role

November 25th 2019
 

The Employment Tribunal has ruled that an employee was unfairly dismissed after her company diluted her job share arrangement and created new roles that were only available to full-time workers. The case involved an employee of Capita Customer Management Limited named Mrs J McBride. She worked as head of quality and compliance before taking maternity leave in April 2015. She returned to work two years later and resumed her duties,…

Joanne Stronach

Brothers fail to overturn their mother’s will leaving estate to sister

November 20th 2019
 

Three brothers have failed in their bid to overturn their mother’s will, which left nearly all her estate to their sister. The mother had originally made a will dividing her estate equally between her four children. However, her views changed after her health began to deteriorate in 2009 and her daughter came to live with her as her carer until she died in 2016. The brothers offered only limited help…

Worker was discriminated against due to his ‘perceived religion’

November 18th 2019
 

A Royal Mail worker was a victim of racial discrimination even though the comments made towards him were not specifically about his own religion. That was the ruling of the Employment Tribunal at a recent hearing involving Mr Shunmugaraja, who was a manager at the Royal Mail Cardiff depot. He described himself as a Hindu of British-Indian origin. One of his workers, Mr Brown, refused to complete various tasks, and…

Claire Davies

Developer overturns covenant preventing offices becoming homes

November 14th 2019
 

A developer has succeeded in overturning a restrictive covenant that would have prevented an office block being converted into homes. The block was next to other office buildings and close to several apartment blocks. The head lease was for a term of 150 years from 1985 and contained a covenant restricting its use to office premises. The local authority, which owned the building, was entitled to 15.5% of the net…

Number of first-time home buyers reaches 12-year high

November 7th 2019
 

The number of first-time home buyers has reached its highest level for 12 years. The latest mortgage data reveals that 35,010 people took their first step on the property ladder in August. That’s the highest monthly total since August 2007. The figures, from UK Finance, follow the Ministry of Housing’s own research revealing 87% of the public would prefer to buy rather than rent. It also found 57% of people…

Deputyship Fee Refunds

November 5th 2019
 

The Office of the Public Guardian (“OPG”) have begun to offer deputyship fee refunds to those who were overcharged fees from the 1st of April 2008 to the 31st of March 2015. Why are the OPG offering refunds? A deputy is a person appointed by the Court of Protection to be legally responsible for someone who no longer has the ability to make decisions for themselves. Currently you must pay £365…

Landlords call for new housing court to speed up justice

November 4th 2019
 

The Residential Landlords Association (RLA) is calling for a new housing court to speed up justice for landlords and tenants. The association says that under Civil Procedure Rules, repossession claims should only take about nine weeks, but official figures show they’re taking an average of more than 22 weeks. It believes that the government’s proposal to abolish Section 21 ‘no-fault’ evictions will add to the number of cases going through…

Natalie Tatton

Doctor hired through her company still classed as a ‘worker’

October 28th 2019
 

A doctor who provided services through her own company has been classed as a “worker” for employment law purposes, giving her various rights and protections. Reshma Narayan was registered with Community Based Care Health Ltd as a “duty doctor” and worked regular shifts on a 12-week rota at a single NHS medical practice. She was not obliged to accept work and Community was not obliged to provide any. She took…

Joanne Stronach

Sisters lose shares in farm after father dies without making a Will

October 24th 2019
 

The granddaughters of a farmer have lost their shares in his farm because of complications that arose when their father died without making a Will. The grandfather had died in 1992, leaving behind a wife and four children. His Will stated that the farm was to be left to his wife and two of his sons as tenants in common. The Will added that in order to receive their share…

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